Lawsuit blocks abortions at Planned Parenthood's Kissimmee clinic

When Planned Parenthood announced plans for a Kissimmee clinic this spring, a crowd of anti-abortion protesters flooded City Hall in a bid to keep it from happening.

When the clinic had a ceremonial grand opening, protesters chanted and waved signs outside.

For the time being at least, a lawsuit has stopped what those protesters could not.

A judge has issued a temporary injunction barring abortions and some other procedures such as ultrasounds from being performed at the clinic on Oak Commons Boulevard, across the street from Osceola Regional Medical Center.

The clinic remains open, however, and continues to offer birth control, testing for sexually transmitted diseases, cancer screening and other services.

The suit, filed on behalf of the owners of a neighboring cardiovascular-medicine practice in the Oak Commons Medical Park, alleges that Planned Parenthood violates deed restrictions on what services can be offered at the property.

The property owners' covenants specifically bar an outpatient surgical center, an emergency medical center or a diagnostic imaging center on the site. In addition, the restrictions bar any activity "that is obnoxious to or out of harmony with other developments" on the property.

In the injunction, Circuit Judge John Jordan found there was a "substantial likelihood of proving" that Planned Parenthood, by performing abortions, is in violation of the outpatient-surgical-center provision, and, by performing ultrasounds, is in violation of the diagnostic-imaging provision.

He rejected contentions made by the plaintiffs that administration of the morning-after pill constitutes an emergency medical procedure, and that abortions are "obnoxious to or out of harmony with" other practices at the site.

Planned Parenthood said it performed a "lengthy due diligence process" before buying the property and concluded that it is not in violation of the property restrictions.

In a statement, Planned Parenthood of Greater Orlando CEO Jenna Tosh called the suit "just another attempt by opponents of women's health to prevent Osceola County women from accessing reproductive health care services at Planned Parenthood."

Tosh said Planned Parenthood will continue its legal battle against the injunction and "will continue to do everything we can to protect women's access to care."

Planned Parenthood's bid to have the injunction reconsidered was rejected last week. The organization has 30 days to appeal that decision, and said it plans to do so.

Spokeswoman Anna Eskamani said the characterization of Planned Parenthood as a diagnostic-imaging center or outpatient surgical center is erroneous.

"We are a health center or medical office, no different than any other doctor's office," she said. She added that the clinic has seen 300 patients since its July 10 opening.

Dennis O'Connor, attorney for the plaintiffs, characterized the case as being "about land use and use restrictions.

"We feel very confident that the judge is correct," he said. "This covenant's been known in public record for a long, long time."

However, a statement Wednesday from Planned Parenthood pointed out that such covenants are usually sought by hospitals to prevent direct competition from neighboring businesses.